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Labour Law Query - CiteHR

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niralihpatel
hi to evryone

If anyone worked full shift (8 hours) on Independence Day, August 15. This was a paid holiday in the factory. Will he be paid wages for that day as OverTime? Then How will we calculate it?

pls do reply
regards

From India, Mumbai
chetan.bolbanda@gmail.com
Yes you should pay him wages as a overtime and one thing is that if any worker working in a paid day he wil pay a overtime wages how many hrs he worked in that day as per that he will get the double the regular wages.
From India, Mumbai
R.N.Khola
355

Dear
It will be better go through the Act under which you are liable to grant this paid national holiday for calculation of overtime payment.
Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

From India, Delhi
niralihpatel
hi
I have one more question to ask in my factory workers refuse to use welding goggles (safety equipment) while on duty, because it is too hot on the shop floor and the goggles are too cumbersome/uncomfortable. The Engineering Manager complained me about this. So What should I do, as an HR Manager?
I gone thru Factories act but I m little confused so can you help me out.

From India, Mumbai
sreekumar.N
Hi, If an employee works on a National Holiday, he is eligible for a compensatory off or for a double pay. This is as per the Act. Regards Sreekumar
From India, Madras
Neer300182
67

Dear Niralihpatel,
According to Factories Act Use of Safety Equipments is required for employees to safeguard them from Mishappenings.
You can find the safety provisions in Factories Act U/s 21 to 41.
Pls check the same for further details.

From India, New Delhi
Neer300182
67

Dear Mr. R N Khola,
Greetings for the Day!!!
I just want to know that is abstracts of Contract labour & Minimum Wages Act are available in Oriya & Bengali Language??
If Yes then from where i can get the copies of the same..??
One more thing i want to know that If a company gets a contract from Principal Employer & sub let this contract to some other contractor. IN this case Is it compulsory for the company to Take Contract Labour Licence first then it can further ask Sub contractor to get additional licence or directly a sub contractor takes licence and starts work.??
Pls suggest

From India, New Delhi
R.N.Khola
355

Dear Kapil Dev Singh,

At times we see in different Acts it is written that we are also required to display notices in a language understood by majority of the workmen then in that case we should approach the area book-sellers where your unit is situated. These types of chart are not available through out India.

On your query No. 2 regarding taking of licences by the contractor & sub contractor, it is made clear that as Contract Labour (R&A) Act, 1970 both are covered under the definition of the ‘Contractor’ & therefore both of them are required to have valid contract labour licence. If the principal employer allows you to have sub-contractor with you then you are to obtain Form V for both of you. The PE should also apply for R C under this Act showing both the contractors in his application. If both the contractor & sub- contractor start their work at the same time then both of them are required to apply for licence at the relevant time. In the second situation if the sub-contractor came into picture later on then the PE will also have to apply for amendment in R C & the sub-contractor will also apply for licence after taking Form V form the PE.

Submitted as requested.
Regards,

R.N.Khola


(Labour Law & Legal Consultants)
09810405361

From India, Delhi
sreekumar.N
Hi, sorry pls. ignore the previous posting
It is the duty of Works Manager and HR Manager to take care of the safety of their workers. As per the Factories Act, it is an offence,to carry out things without safety measures. Hence it is mandatory for employer to provide safety measures and employees to use the same to avoid accidents. Hence you ensure that the employees wear the same during workings. U can also issue him a memo on this and make a record of it.
Regards
Sreekumar

From India, Madras
essprsd
1

Hi, Yes he has to be paid OT too. It means, todal 3 days payment/wages has to be given - One for his Holiday and the other Two for Overtime (double) for the day work (8 hours).
From India, Bhopal
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